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(영문) 서울중앙지방법원 2017.12.12 2017가합544513
임금
Text

1. The defendant shall pay to the plaintiffs the amount of money stated in the column of "personal fees" for each plaintiff in attached Form 2.

Reasons

1. Basic facts

A. The defendant is a corporation that operates trade insurance business to guarantee risks arising in connection with trade or other foreign transactions, and the plaintiffs are employees belonging to the defendant.

B. The Plaintiffs’ remuneration system, collective agreement, and rules of employment 1) consists of basic annual salary, job salary, performance-based performance-based incentives, and allowances. The basic annual salary is classified into basic salary and differential basic salary, and performance-based incentives consisting of basic performance salary and differential performance-based salary. 2) The main contents of the collective agreement, rules of employment, remuneration, working conditions, etc. applicable to the Plaintiffs are as follows.

[Remuneration Regulations (amended on August 31, 2015)] The remuneration regulations were amended twice from July 2014 to December 2016. However, there is no significant change before and after the amendment, and the part related to this case is determined based on the revised remuneration regulations as of August 31, 2015.

Article 2 (Definitions of Terms)

1. The term "compensation" means the basic annual salary, occupational annual salary, performance-based incentives, and allowances;

2. The term “basic annual salary” means the total amount of a basic salary differentiated from a basic salary;

3. The term "occupational salary" means salary paid according to duties in charge;

4. The term "Allowance" means an overtime work allowance and annual allowance in cases of domestic employees, and in cases of foreign employees, it means an annual allowance and overseas work allowance;

5. The term "performance-based annual salary" means the aggregate of piece rates paid according to a group or an individual's performance;

6. The term "ordinary wage" means an amount calculated by dividing the basic salary, the annual salary for duties and the total amount of the basic annual salary by 12;

Article 3 (Calculation Period of Remuneration) The remuneration shall be the monthly salary.

Provided, That if necessary, it may be paid at a daily rate.

Article 4 (Calculation of Remuneration) (1) In principle, remuneration shall be calculated on a daily basis, and January shall be based on 30 days.

Provided, That in cases of retirement, all remuneration for the relevant month shall be paid.

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